Excelsior Correspondent
Srinagar, Dec 23: High Court while seeking personal appearance of officials of the Public Works Department has directed for implementation of final judgment with regard to land acquisition and compensation.
High Court while granting last and final opportunity to the department to settle and implement passed by the court directed the Executive Engineer (R&B) and Superintendent Engineer (R&B) to remain present before the court next week and also in order to settle the issue pertaining to the case directed them to coordinate with concerned officials so as to ensure that the indent required for implementation of the Judgment of the Court and acquisition of the property in question, is placed with the Collector within whose jurisdiction the subject matter of the case falls without any default.
“Given the position, we grant last and final opportunity to M. A. Chashoo, the Additional Advocate General, to first verify the statement made by the Officer with regard to subject matter of the Contempt Petition being assigned to one Sandeep Singh Bali, Assistant Commissioner, Nazool/ Collector, Land Acquisition, PWD, Srinagar and, thereafter, ensure presence of the concerned Officer before the Court on the next date of hearing, failing which the Court shall be constrained to have recourse to coercive methods”, Division Bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary directed.
The EE and SE of R&B department made a statement before the court that since the role and mandate of the PW(R&B) Department is only to execute the work/ project being an executing agency, based on the requisition made by the intending/ user Department. However, the requisite indent along with site plan in original in respect of land in question was alreadyplaced to the concerned Collector by the Superintendent Engineer PW (R&B), Circle Srinagar Budgam which stands still intact.
They stated that if the acquisition of land in question is to be initiated afresh by the concerned Collector, in compliance to the Judgment dated: 29-03-2021 on the subject matter. A communication dated: 17-12-2021, in this regard stands also sent to the Collector Land Acquisition, Srinagar.
The court while allowing the writ petition of the petitioner-Mohammad Shafi Makhdoomi had quashed the notification issued under section 4(1) of the J&K Land Acquisition Land along with any other subsequent notification including draft award, if any, with further with the directions to the respondents to initiate fresh process for acquisition of land, subject matter of the writ petition, in accordance with the law and the rules governing the subject to ensure adequate compensation to the petitioners-Landowners.
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